Criminal mischief charges in Colorado
Criminal mischief is a commonly charged criminal offense in Colorado. Criminal mischief may be charged when a person knowingly damages the property of another person. The offense ranges in severity from a minor misdemeanor to a felony offense. It is often charged in cases with a domestic violence enhancer. The damaged property may be wholly owned by another person, jointly owned with another person, or it may be property that another person possesses or has a proprietary interest in. Here are some common scenarios that may lead your being charged with criminal mischief charges in Colorado:
• You catch your significant other exchanging suggestive text messages with another person, so you break his or her laptop or cellphone.
• Your 18-year-old son is suffering from senioritis, and he plays too many video games. You destroy his Xbox or his video games.
• You and your significant other break up. Out of anger, you set fire to all of his or her clothes in your backyard.
• You get angry at a person who took your parking space, so you key his or her car.
Criminal mischief is codified at Colorado Revised Statutes § 18-4-501, and it may be charged anywhere from a Class 3 misdemeanor up to a Class 2 felony offense, depending on the severity of the damages. If you are facing a criminal mischief charges in Colorado, it is important for you to get help from an experienced criminal defense attorney like Ike Lucero, Jr. Mr. Lucero understands how to defend against allegations of criminal mischief, and he works to obtain favorable resolutions to his clients’ cases.
Domestic violence enhancer and criminal mischief charges in Colorado
Criminal mischief is often charged in cases alleging domestic violence. In Colorado, domestic violence acts as a sentencing enhancer. Domestic violence is not charged as its own criminal offense, but if the sentencing enhancer is added, the potential penalties for criminal mischief are more severe. One common misconception that many people have is that they have the right to break their own property. If the person is married, and the property that is broken is marital property, then the person who knowingly breaks it may be charged and convicted of criminal mischief with domestic violence.
If a domestic violence enhancer is added, the court will issue a mandatory restraining order preventing you from having any contact with your significant other until the case is resolved. If you have a domestic violence conviction for criminal mischief, you will also be prohibited from owning or possessing any firearms. The other issue with a case that is charged as one involving domestic violence is that if the damage amount is $1,000 or more, you may be charged with a felony domestic violence criminal mischief offense even if your significant other suffered no physical injuries. If you are facing charges of criminal mischief with a domestic violence sentencing enhancer, it is important for you to talk to attorney Ike Lucero as soon as possible.
Get legal help
If you are facing an allegation of criminal mischief, getting legal help from an attorney who is experienced with defending against criminal mischief charges is important. Attorney Ike Lucero, Jr. has the experience to mount an aggressive defense to criminal mischief charges in colorado. He advocates for his clients from the beginning of their cases in an effort to secure the best outcomes that are possible given the facts of their matters. Depending on the circumstances, he may be able to secure a dismissal of the charges. In other cases, he might negotiate a plea to a reduced charge, to a deferred judgment and sentence or to an alternative sentence to incarceration. Mr. Lucero is also not afraid to battle for his clients through jury trial in court. Contact Ike Lucero today to schedule your consultation and to learn more about the approach you may want to take in your case.
Colorado Revised Statutes § 18-4-501
In order to understand the offense of criminal mischief charges in Colorado, it is important to first examine the statute. Colorado Revised Statutes § 18-4-501(1) states that a person commits the crime of criminal mischief when he or she
“knowingly damages the real or personal property of one or more other persons, including property owned by the person jointly with another person or property owned by the person in which another person has a possessory or proprietary interest, in the course of a single criminal episode.”
An interesting point to note is the knowing requirement. A person cannot be convicted of criminal mischief if he or she accidentally damages the property of another person. For instance, if you tripped and fell into another person’s television, knocking it down from the wall and breaking it, you would not be criminally liable for the offense of criminal mischief charges in Colorado.
Offense levels
The level of the offense of criminal mischief ranges depending on the amount of damage that was caused. At the lowest end, the offense is a class 3 misdemeanor when the damage amount is less than $300. It is a class 2 misdemeanor when the damage amount is $300 or more up to less than $750. A class 1 misdemeanor offense may be charged if the damage amount is $750 up to less than $1,000.
Felony criminal mischief offense levels range from Class 6 felonies to Class 2 felonies. A Class 6 felony may be charged when the damage to the property is at least $1,000 but less than $5,000. You may be charged with a Class 6 felony if the property that was damaged is at least $5,000 but less than $20,000. A Class 4 felony may be charged when the damage to the property was at least $20,000 but less than $100,000. Property damage that is at least $100,000 but less than $1 million may result in a Class 3 felony, and class 2 felony criminal mischief offenses involve property damage of $1 million or more.
Potential penalties
The potential penalties that you might face for a criminal mischief conviction depend on the severity of the offense as well as whether it was charged as a domestic violence crime. Convictions involving the domestic violence sentencing enhancer may involve longer jail or prison sentences, mandatory domestic violence classes and a loss of the ability to possess or own firearms. The standard penalty ranges for misdemeanor criminal mischief convictions are as follows:
• Class 3 misdemeanor criminal mischief – Up to six months in jail and/or a fine ranging from $50 to $750
• Class 2 misdemeanor criminal mischief – Between three and 12 months in jail and/or a fine ranging from $250 to $1,000
• Class 1 misdemeanor criminal mischief – Between six and 18 months in jail and/or a fine ranging from $500 to $5,000
Felony convictions bring more serious penalties, including the potential for long sentences in state prison. The potential penalties for felony criminal mischief convictions are as follows:
• Class 6 felony criminal mischief – Between one year and 18 months in state prison and/or a fine of $1,000 to $100,000
• Class 5 felony – One to three years in prison and/or a fine of $1,000 to $100,000
• Class 4 felony – Two to six years in prison and/or a fine of $2,000 to $500,000
• Class 3 felony – Four to 12 years in prison and/or a fine of $3,000 to $750,000
• Class 2 felony – Eight to 24 years in prison and/or a fine of $5,000 to $1 million
No matter what level of criminal mischief you might be facing, getting convicted may leave you with life consequences that last for much longer than the actual case. People who have criminal records may have greater difficulty with finding homes or jobs and obtaining credit.
Don’t wait to get Help! CALL 303-963-9363 (Denver) or
719-369-7501 (Pueblo) FOR HELP IMMEDIATELY!
Testimonials
What Clients are Saying
A great experience from the beginning, Ike focused only on what was needed to make a successful case, very responsive and ensured we understood each step of the process. His negotiation skills are excellent, we never imagined such a reduction in the charge brought against our son considering the circumstances. Incredibly happy with the outcome, and all at the most reasonable price we could find. Thanks so much Ike!
John
Mr. Lucero is dedicated to his clients and helping them to achieve the best possible outcome for their case. I strongly recommend this professional attorney.
Michael
From the start Ike was understanding of my situation and answered all of my questions, and then some. He took on my case at a very fair price, and kept me updated every step of the way. In the end, my case was resolved fairly and painlessly. I would recommend Ike to anyone requesting a traffic lawyer, and he will be the first person I call if I get into another legal situation.
